New Suspension Based on 15-Year-Old Out-of-State DUI

**morganvpi** · 06-08-2012, 10:29 AM

My question involves a driver's license issued by the State of:PA
15 years ago I was convicted of a DUI in Virginia. At that time, I held a VA license. I ASSUME (because it was 15 years ago, I do not KNOW), that my PA license had been surrendered to Virginia. In any event, whether it was surrendered or not, Pennsylvania picked up the conviction on my PA record. I was never made aware of that and never received any information to that effect. I was required to complete the VA ASAP program and serve my suspension in VA - which I did. My license was reinstated..... Fast forward 15 years on renewal day at the VA DMV. VA, having recently joined the National Driver Register and Driver's Compact, now shows the PA suspension and won't issue a renewal.
I called PA, filled out a DC-16L and sent a nice letter explaining the issue to the DL Restoration Unit, only to receive back a form letter saying that the service of the suspension was now underway, and in 2013 I will have served it.
I'm now submitting an appeal for an administrative hearing. At the core, what I need to demonstrate to PA is that the suspension was already served and that this is a duplicate (and bogus) suspension, which ironically, could have been served at any time in the past 15 years if I had only somehow known about it! So - my questions to the learned:
1) Does PA recognize the suspensions served in another state to satisfy a suspension they recorded in PA? Recall, this occurred in VA, not PA.
2) Is there any other argument that needs to be made in this case to request acknowledgement of the Virginia suspension and closing of the PA suspension?

Thanks!
m2

**vincedia** · 06-08-2012, 10:46 AM

1) Does PA recognize the suspensions served in another state to satisfy a suspension they recorded in PA? Recall, this occurred in VA, not PA.

NO! They don't care about suspension time in any other state, and require that you acknowledge to PA that you understand you are under suspension. You can do this by surrendering your license to PA or sending a form (DL-16) that you already sent.

2) Is there any other argument that needs to be made in this case to request acknowledgement of the Virginia suspension and closing of the PA suspension?

YES! There are multiple things you will be required to prove to PennDOT to try to get credit for the time you already served. Too many to give a comprehensive list. You need to get help, you get one chance at this, and if you mess it up, you have no hope of getting this suspension lifted.

It will come down to when did PennDOT get notified you were a VA resident and how were they notified (if ever). What was the custody chain for your physical PA driver's license and records will need to be secured from PennDOt to prove this. There is so much more to this type of action than I can list here, but this type of action is tough but winnable.

Good Luck,

Vince